From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
 (2) HQMC memo 1610 MMRP-50 of 9 Apr 18 
 
1.  Pursuant to the reference, Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting a back date-of-rank (DOR) in the grade of lieutenant colonel (LtCol).  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 July 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, found as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 
 
     b.  Petitioner was issued an annual (AN) fitness report for the reporting period 7 July 2015 to 31 May 2016.  On 17 October 2017, a command investigation substantiated substandard performance of duty and misconduct by the reporting senior of this fitness report.  Subsequently, on 6 April 2018, the Headquarters Marine Corps Performance Evaluation Review Board (PERB) removed Petitioner’s AN fitness report. 
 
     c.  Petitioner failed selection by the Fiscal Year (FY) 2018 and FY 2019 USMC LtCol Promotion Selection Boards.  Petitioner’s AN fitness report was available for consideration by both promotion selection boards when he failed to select.  Enclosure (2), an advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50) recommended Petitioner’s failures of selection be removed.  MMRP-50 determined that this specific report undoubtedly had a pronounced, negative impact on Petitioners competitiveness during the promotion selection boards and inhibited a just and objective judgement as to the merits of his record.    
 
 d.  On 2 June 2018, a panel of the Board granted Petitioner’s request to remove his FY 2018 and FY 2019 failures of selection, and directed that he be considered by earliest possible selection board convened to consider officers of his category for promotion to lieutenant colonel as an officer who has not failed of selection for promotion to that grade.   
 
 e.  Petitioner was eligible for, and selected by the FY 2020 USMC LtCol Promotion Selection Board.  He was promoted with a 1 March 2019 DOR. 
 
  e.  Petitioner contends that The FY 2018 and FY 2019 LtCol Promotion Selection Boards considered erroneous and improper material contained in his official military personnel file (OMPF) that was subsequently removed by the PERB.  He asserts that, if not for the improper material in his OMPF.  It is more likely than not he would have been selected for promotion by the FY 2018 board.  Petitioner further asserts that adjustment of his DOR and effective date of promotion are necessary to fully and fairly address the improper material that was in his OMPF, and that the adjustment will restore his seniority to where he would have been if selected for promotion with his peers on the FY 2018 LtCol Promotion Selection Board. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  In this regard, the Board substantially concurred with the AO that Petitioner’s AN fitness report had negative impact on his competitiveness during the promotion selection boards, and inhibited a just and objective judgement as to the merits of his record.  The Board also noted that, once Petitioner’s record was corrected, he was selected by the FY 2020 Promotion Selection Board.   
 
The Board thus determined that Petitioner’s DOR and lineal control number (LCN) in the grade of LtCol shall be adjusted to the DOR and LCN he would have received had he been selected by the FY 2018 USMC LtCol Promotion Selection Board. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by adjusting his DOR and LCN in the grade of LtCol to the DOR and LCN he would have received had he been selected by the by the FY 2018 USMC LtCol Promotion Selection Board. 
 
The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.